BILL NUMBER: S5162

SPONSOR: STAVISKY
 
TITLE OF BILL:  An act to amend the education law, in relation to
establishing the individuals authorized to perform tasks involving the
dispensing of drugs

 
PURPOSE:

To clarify the tasks that can be performed by a licensed pharmacy tech-
nician in a hospital setting.

 
SUMMARY OF PROVISIONS:

Section 6807 of the Education Law is amended to add a new subdivision 4
as follows:

Paragraph 4 (a) reiterates that, in Public Health Law Article 28 facili-
ties, which includes hospitals and nursing homes, only pharmacists and,
under the direct supervision of pharmacists, pharmacy interns, as
defined in Article 137 of the Education Law, may compound, prepare,
              

label or dispense drugs.

Paragraph 4 (b) requires that an unlicensed employee of an Article 28
facility, and an unlicensed employee of a pharmacy that is owned or
managed by an Article 28 facility, if properly trained, must gain
certification from a national pharmacy technician certification organ-
ization approved by the Commissioner to, under the direct supervision of
a licensed pharmacist, assist in the preparation and dispensing of
drugs, including in the compounding, weighing, mixing, counting, pour-
ing, and measuring of drugs. Proof of certification and training of the
employee shall be maintained by the facility and provided to state agen-
cies upon request. The employee shall not exercise clinical judgment,
including interpreting a prescription or medication order for therapeu-
tic acceptability and appropriate ness. Clinical judgment shall only be
exercised by a licensed pharmacist. Direct supervision shall include
final approval of all work performed by the employee prior to the actual
dispensing of any drug.  Paragraph 4 (c) requires that a person employed
in an Article 28 facility who directly assists licensed pharmacists to
dispense prescriptions in such facility on the effective date of this
section shall be exempt from the certification requirement if he or she
submits evidence to, and verified by, his or her employer, of a minimum
of five (5) years of employment in good standing in a pharmacy within
the previous eight (8) years, including eighteen consecutive months with
a single employer. Such evidence and verification shall be documented
and maintained by the facility and provided to state agencies upon
request. Such individual shall not be permitted to assist in the
compounding of medications.

 
JUSTIFICATION:

46 States recognize the important role played by pharmacy technicians
through laws and regulations, enshrined in the Model Act of the National
Association of Boards of Pharmacy, of which the NYS Board is a member.
These laws require, to varying degrees, licensure, training, certif-
ication, and registration of pharmacy technicians. These laws all allow
pharmacy technicians to compound drugs under the direct supervision of
licensed pharmacists.

New York does not have a law recognizing the role of pharmacy techni-
cians. Until last year, the State Education Department (SED) allowed
pharmacy technicians to assist pharmacists in dispensing and preparing
drugs. Starting in September, however, SED began informing hospitals
that, because there is no law in New York State governing pharmacy tech-
nicians, the hospitals and their pharmacists could be found out of
compliance with State law by allowing technicians, even under the super-
vision of pharmacists, to prepare drugs, including IV solutions. This
interpretation of State law, if allowed to stand, would mean the poten-
tial loss of pharmacy technician jobs and the potential hiring of much
costlier pharmacists.

This legislation would solve this problem by once and for all defining
the tasks that pharmacy technicians may perform within hospitals under
direct supervision of pharmacists. It brings New York into closer align-
ment with national pharmacy practice.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.